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Defenses of absolute, conditional, and constitutional privilege apply to defamation and
also to publication of any matter that is an invasion of privacy.
a. True
b. False
Federal registration of a mark under the Lanham Act:
a. permits the registrant to use the federal courts to enforce the mark.
b. is required to establish rights in the mark.
c. makes the registrants exclusive right to use the mark incontestable after three years.
d. All of these.
Harold, a painter, contracts to paint a portrait of Irene. However, he has one of his
students do the actual work. This is a proper delegation of authority to an agent.
a. True
b. False
Venue has to do with which court has jurisdiction over the subject matter of a lawsuit.
a. True
b. False
Luke typically spends 50-55 hours per week working in the real estate partnership he
co-owns with Spencer. Spencer only spends about 30 hours a week on partnership
business. Under the RUPA:
a. Luke would be entitled to payment from the partnership for the extra 20-25 hours per
week he spends on partnership business unless a partnership agreement denies this
right.
b. the partners cannot agree to deny extra payment for extra work by a partner.
c. unless the partners have otherwise agreed, Luke is not entitled to payment for his
work for the partnership, even if it is disproportionate to his partners work.
d. Luke would be entitled to payment from the partnership only if the amount of time
and effort he expends on partnership business is grossly disproportionate to that spent
by his partner.
Commercial speech:
a. would not include an advertisement for a service.
b. must concern lawful activity and not be misleading in order to receive First
Amendment protection.
c. is more valuable than other varieties of speech.
d. All of these.
The courts have interpreted the Sherman Act as prohibiting contracts that unreasonably
restrain trade.
a. True
b. False
There are more than twice as many federal judges as there are administrative law
judges.
a. True
b. False
The UCC requires that all contracts for the sale of goods must be in writing or in proper
electronic form.
a. True
b. False
Members of an LLC share profits and losses equally.
a. True
b. False
In a condominium:
a. all residents own shares in the corporation that owns the building.
b. each resident purchases a living unit in the building.
c. the tenant owns a reversionary interest in the property.
d. the tenant creates a future interest in the property known as a possibility of reverter.
Bill has loaned Mark $500, which Mark agreed to repay on January 15, 2012. If Mark
files a voluntary petition of bankruptcy on August 1, 2011, Bill has a claim as a creditor.
a. True
b. False
In __________ the goods are sold and delivered to the buyer with an option to return
them to the seller.
a. a bailment
b. a sale on approval
c. a sale or return
d. entrusting to a merchant
Jared drives his car knowing that the brakes are defective and has an accident in which
the car is damaged and he is injured. He will likely be unable to recover from the
manufacturer, because he voluntarily assumed the risk of the defective brakes.
a. True
b. False
"Consideration" requires an actual benefit to both sides of an agreement.
a. True
b. False
A valid contract is one that meets all of the requirements of a binding contract.
a. True
b. False
To be partnership property, title to real estate bought with partnership assets and used
by the partnership may be put in the name of:
a. any partner in that individual's name.
b. the partnership only.
c. the partnership in its name, or one or more partners in their capacity as partners in the
partnership if the name of the partnership is indicated in the instrument transferring
title.
d. None of these.
Paul, acting without authority, makes a contract with Ed, supposedly on behalf of
Shawna. Shawna may ratify the contract, even if Ed loses contractual capacity before
she ratifies the contract.
a. True
b. False
Miller made a contract to sell his condominium to Jefferson for $80,000. Two days later
Miller changed his mind after discovering that he could have sold the property to
another buyer for an additional $20,000. Jefferson sues and asks the court to have the
property conveyed to him at the price of $80,000. Jefferson is seeking:
a. restitution.
b. punitive damages.
c. specific performance.
d. valid tender.
An agent is not required to keep which of the following information confidential?
a. Unique business methods.
b. Customer lists.
c. Information that his or her principal is engaged in criminal activity.
d. Business plans.
In general, if a minor lies about her age in order to induce the seller to contract with her,
she cannot disaffirm that contract.
a. True
b. False
The seller's warranty that he has marketable title to the land would be breached if the
buyer discovers:
a. a lien on the land.
b. a defect in the chain of title.
c. a lease of the premises.
d. All of these.
For how long is a written stop payment order valid?
a. One month.
b. Six months.
c. One year.
d. Indefinitely.
Which of the following is not descriptive of the law?
a. It is always prohibitory.
b. It is pervasive.
c. It may be permissive.
d. Its function is to regulate human conduct and relations.
B & B, Inc. is incorporated in Delaware, but it has its principal place of business in
Minnesota. It does much of its business in California. For purposes of diversity of
citizenship, B & B is a resident of:
a. Delaware.
b. Minnesota.
c. Both Delaware and Minnesota.
d. Delaware, Minnesota, and California.
Under the RUPA, it is possible to cure an illegality within 90 days after notice to the
partnership of the event dissolving the partnership for illegality.
a. True
b. False
Restitution can be obtained where a voidable contract is avoided.
a. True
b. False
A plan for reorganization under Chapter 11 does not have to meet which of the
following requirements to be confirmed by the court?
a. Good faith.
b. Feasibility.
c. Be accepted by all creditors.
d. Cash payments for certain classes of creditors.
The Sixth Amendment protects persons against self-incrimination, double jeopardy, and
being charged with a capital offense except by grand jury indictment.
a. True
b. False
Article III of the Constitution states that the judicial power of the United States shall be
vested in one Supreme Court and:
a. such lower courts as the Supreme Court establishes.
b. such lower courts as Congress may establish.
c. a system of special courts, district courts, and courts of appeals.
d. a system of lower federal courts and such state courts as each state legislature
provides.
Theresa has a contract to teach eighth grade at Washington Middle School. She decided
she could make more money writing a book, so she wants to assign her teaching
contract to her friend, Stephanie, who is also a licensed teacher.
a. If effective, this would be both an assignment and a delegation.
b. The duties which Theresa wants to delegate are personal in nature.
c. If the school district agrees to accept Stephanie's services, a novation would occur,
which would relieve Theresa of her obligation to the school district.
d. All of these are correct.
Under Article 2 of the UCC, a right to damages for breach of the whole contract can be
assigned despite a contractual provision to the contrary.
a. True
b. False
